The defendant shall be innocent.

1. No one who outlines the facts charged shall photograph ballot papers in the polling stations;

Nevertheless, the Defendant, at around 12:00 on May 9, 2017, taken a photograph of the ballot papers using a cell phone camera function in the 19th presidential election of Leecheon-si, the 19th presidential election of Leecheon-si, D polling stations in Leecheon-si.

2. Determination

A. According to the evidence duly adopted and examined by this court, the defendant was found to have taken his/her cell phone without recording the "voting paper" issued by the voting management officer in the balloting booth, and the prosecutor prosecuted the defendant's act on the premise that such act constitutes an act of photographing ballot papers in the balloting booth, which is punished by Articles 256 (3) 2 (g) and 166-2 (1) of the Public Official Election Act.

B. However, Article 256(3)2(g) of the Public Official Election Act only provides that the act of photographing ballot papers shall be punished in the balloting booth, and there is no separate provision regarding the act of photographing ballot papers.

Article 244(1)1 of the Election of Public Officials Act shall include the members and employees of the election commission, the members of the election fraud monitoring group, the members of the cyber election illegality monitoring group, the voting clerk, the advance polling clerk, the ballot-counting clerk, witnesses, and other persons engaged in the election affairs, who assault, intimidation, induce, unlawfully arrests or confines them, or the offices of the polling station, ballot-counting place, or the election management committee (including the offices of the mission conducting overseas election affairs, its branch and sub-branch offices) by assault or intimidation.

A person who disturbs the requirements of Article 245 (1) hereinafter the same shall apply) or conceals, destroys, damages, or seizes facilities, equipment, equipment, documents, seals, or electoral registers (including a list of reported abode voters and reported shipboard voters) related to the election management and the control affairs, such as a paper for voting, ballot paper, and aid for voting, computer system, etc., shall be punished by imprisonment with prison labor for not less than one year nor more than ten years.